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In these terms of business the following definitions Apply:
means the period during which the Temporary Worker is supplied to render services to the client;
means the person, firm or corporate body together
with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Temporary Worker is supplied;
means PRESTIGE CONTRACTS SERVICES LTD whose Registered office is at 124 Harold Road, Chingford, London, E4 9SW;
means
any employment or use of the Temporary Worker on a permanent or
temporary basis, whether under a contract or service or for services;
an agency, licence, franchise or partnership arrangement; or any other
engagement;
means the individual whose services are supplied by the Employment Business to the Client;
means the Clients interview of a Temporary Worker in
person
or by telephone, following the Clients instruction to the Employment
Business to search for a Temporary Worker; or the passing to the Client
of a curriculum vitae or other information which identifies the
Temporary Worker and which leads to an Engagement of the Temporary
Worker by the Client.
Unless
the context otherwise requires, references to the singular include the
plural and references to the masculine include the feminine and vice
versa.
The headings contained in these Terms are for convenience only and do not effect their interpretation.
These
terms govern the supply of the Temporary Workers services by the
Employment Business to the Client and are deemed to be accepted by the
Client by virtue of its request for, interview with or Engagement of
the Temporary Worker.
No variation or alteration of these terms shall be valid unless approved by the Employment Business in writing.
Unless otherwise agreed in writing by the Employment Business, these terms prevail over any terms of
business or purchase conditions proffered by the Client.
The Client agrees to pay the hourly charges of the
Employment
Business as notified at the commencement of the Assignment. The charges
are calculated according to the number of hours worked by the Temporary
Worker (to the nearest quarter hour). The charges are comprised mainly
of the Temporary Workers remuneration but also include the Employment
Business commission, employer’s national insurance contributions and
any travel, hotel or other expences as may have been agreed with the
Client or, if there is no such agreement, such expences are as
reasonable. VAT is payable on the entirety of these charges.
The
charges are invoiced to the Client on a weekly basis and are payable
within 14 days. The company reserves the right to charge interest on
any overdue amounts at the rate of 4% per annum above the base rate
from time to time of Natwest Bank PLC or the statutory rate of
interest, whichever is the greater, from the due date until the date of
payment.
At
the end of each week of an Assignment (or at the end of an assignment
where it is for a period of one week or less or is completed before the
end of the week) the Client shall sign the Employment Business time
sheet verifying the number of hours worked by the Temporary Worker
during that week.
Signature
of the time sheet by the Client indicates satisfaction with the
services provided by the Temporary Worker and confirmation of the
number of hours worked. Failure to sign the time sheet does not absolve
the Clients obligation to pay the charges in respect of hours worked.
The
Employment Business assumes responsibility for payment of the Temporary
Workers remuneration and where appropriate, for the deduction and
payment of National Insurance Contributions and PAYE Income Tax
applicable to the Temporary Workers.
The
direct engagement by the Client of a Temporary Worker introduced by the
Employment Business,or by the introduction by the Client of a Temporary
Worker to any third party resulting into an engagement (are where
applicable, if the Temporary Worker has become incorporated under a
Limited Company, the Engagement of that limited company) renders the
Client subject to the payment of an introduction fee calculated in
accordance with the Employment Business’s standard scale of fees for
permanent introductions provided that the Engagement takes place within
a period of 6 months from the termination of the Assignment under which
the Temporary Worker was last supplied, or if there no assignment,
within 6 months of the introduction of the Temporary Worker by the
Employment Business. Where the Client fails to inform the Employment
Business of the annual remuneration, the introduction fee will be
calculated by the multiplying the hourly charge rate of the Employment
Business for the Temporary Workers services by a factor of 250. No
refund of the introduction fee will be paid in the event that the
Engagement subsequently terminates. VAT is payable in addition to any
fee.
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Whilst
every effort is made by the Employment Business to give satisfaction to
the Client by ensuring reasonable standards of skill integrity and
reliability from the Temporary Workers and further to provide them in
accordance with the Clients booking details, the Employment Business is
not liable for any loss, expense, damage or delay arising from failure
to provide any Temporary Worker for all or part of the period of
booking or from negligence, dishonesty, misconduct or lack of skill of
the Temporary Worker.
Temporary
Workers are engaged by the Employment Business under contract for
services. They are deemed under the supervision, direction and control
of the Client from the time they report to take up there duties and for
the duration of the Assignment. The Client agrees to be responsible for
all acts, errors or omissions of the Temporary Worker whether wilful,
neglect or otherwise as though he was on the payroll of the Client. The
Client will also comply in all respects with all statutes including,
for the avoidance of doubt, the Working Time Regulations, bylaws, code
of practice and legal requirements to which the Client is ordinarily
subject in respect of the Clients own staff (excluding the matters
specifically mentioned in clause 5 above), including in particular the
provisions of adequate Employers and Public Liability Insurance cover
for the Temporary Worker during all Assignments. The Client shall also
advise the Employment Business of any special health or safety matters
about which the Employment Business is required to inform the Temporary
Worker. The Client will assist the Employment Business in complying
with the Employment Business duties under the Working Time Regulations
by supplying any relevant information about the Assignment requested by
the Employment Business and the Client will not do anything to cause
the Employment Business to be in breach of its obligations under these
Regulations. Where the Client requires or may require the services of a
Temporary Worker for more than 48 hours in any week, the Client must
notify the Employment Business of this requirement before the
commencement of that week.
The
Client shall indemnify and keep indemnified the Employment Business
against any costs, claims or liabilities incurred by the Employment
Business arising out of any Assignment and / or as a result of any
breach of these Terms by the Client.
The
Client undertakes to supervise the Temporary Worker sufficiently to
ensure the Clients satisfaction with the Temporary Workers standards of
workmanship. If the Client reasonably considers that the services of
the Temporary Worker are unsatisfactory the Client may terminate the
Assignment either by instructing the Temporary Worker to leave the
Assignment immediately or by directing the Employment Business to
remove the Temporary Worker. The Employment Business may in such
circumstances reduce or cancel the charges for the time worked by that
Temporary Worker provided That the Assignment terminates (a) within 4
hours of the Temporary Worker commencing the Assignment where the
booking is for more than 7 hours, or (b) within 2 hours for bookings of
7 hours or less. Also provided that notification of the unsuitability
of the Temporary Worker is confirmed in writing to the Employment
Business within 48 hours of the termination of the Assignment.
The
Client, the Employment Business or the Temporary Worker may terminate
an Assignment at any time without prior notice and without liability.
These
terms are governed by the laws of England and Wales and are subject to
the exclusive jurisdiction of the courts of England and Wales.
Temporary
Drivers are supplied by the employment business on the sole under
standing that the client holds an operator’s license under the
Transport Act 1968 when required.
As
far as it is possible, the Employment Business will check references of
drivers and will examine driving licenses and permits notwithstanding
this, the Client agrees to take direct responsibility for all statutory
duties where applicable in respect of driving licenses and permits,
drivers hours and records, the issue and collection of tachograph
cards, maintenance and safety of vehicles, Health and Safety
Regulations, and Road Traffic and Liability insurance’s, including but
not Limited to fully comprehensive insurance for the vehicle to be
driven and its contents. The client shall on request permit the
employment business to inspect its operators license and policies of
insurance for the vehicles to be driven by the Temporary Worker.
To
assist Clients in complying with the relevant provisions of the
Transport Act, the Employment Business agrees to provide the client
upon request with such information as is available to the Employment
Business about any driving Assignments carried out by the driver in the
7 days immediately proceeding the commencement of an assignment with
the Client, provided the driver shall have worked for a client of the
Employment Business during those 7 days.
Unless
otherwise agreed in writing, the Basic Rate of Pay agreed or notified
following a visit to the client, or notified at the time of booking a
Temporary Worker, will apply to the first 8 hours worked during normal
working hours are defined as 0600 hours to 1800 hours Monday to Friday.
Hours in excess of 8 hours and hours worked outside the normal hours
are charged at the following rates:
Overtime at 1.5 times the Basic Rate
(depending of shifts worked)
Nights (1800 to 0600 hours) at 1.5 times the Basic Rate
Saturday (0000 to 2400 hours) at 1.5 times the Basic Rate
Sunday and Bank Holidays (0000 to 2400) at 2 times the
Basic Rate
The minimum charge for any ones days work is 8 hours unless otherwise agreed in writing. |
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